Re: Would this be considered ethical there ???

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Dear James Martin, LLB:

How does she know this was an actual attorney she received
this mail from in the first place? She should call the Tenn.
Bar Association to see if there is an attorney by that name
who is licensed to practice law in that state. Confirm that
this attorney is real - first. If so, then what is she in
contempt of - contempt of court? Did the attorney say? Did
the attorney attach a draft of the Motion for Contempt with
the letter? If not he should have. Call the attorney ask him
to fax a copy of it. Then head to Court on that date
scheduled, show the judge at the small-claims hearing. Let
the judge settle the matter right then and there if she is in
contempt and for what. Remember Chapter 7 Bankruptcy is filed
in Federal Court whereas the small-claims is in state.

On 11/04/03, James Martin; LLB wrote:
> I am not familiar with U.S. pratice standards, but this
> came to my attention today, and certainly sounded
> questionable. Your views would be appreciated.
>
> A lady friend of mine in FL. has a small-claims (General
> Sessions) action proceeding in TN. The action is against a
> former ( and happily, short-term ) "live-in" for fraud,
> unpaid accounts and loans etc. She is unrepresented ny
> counsel. Trial is scheduled for next week. Today she
> received registered mail from a TN attorney stating that
> his client had obstained a Chapter 7 bankruptcy discharge,
> (no notice to her ) and theatening her with contempt and
> damages proceedings unless she dismisses her action
> forthwith.
>
> Even assuming that there may be merit in his substantive
> position, is it ithical to use threats of legal action, and
> particularly contempt proceedings, to induce/frighten
> (extort ?) an unrepresented party to prejudice themselves
> without their having a chance to obtain advice and consider
> their position. I know that our Law Society would take a
> very dim view of such conduct, but don't know what to tell
> her.
>
> Thanks

Re: Would this be considered ethical there ???, 11/07/03, by You will never guess/paralegal.

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